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64th Congress ) SENATE J Document 

2dSessi<y,i f oi2.i>Axi!. ^ No. 686 



APPROPRIATION TO PAY FOR THE 
DANISH WEST INDIES 



MESSAGE 

FROM THE 

President of the United States 

INVITING THE ATTENTION OF THE CONGRESS TC 

THE NECESSITY FOR MAKING AN APPROPRIATION 

OF $25,000,000 AS PAYMENT FOR THE PURCHASE 

OF THE DANISH WEST INDIES 




January 23, 1 9 1 7. — Read, referred to the Committee on Foreign Relations, 
and ordered to be printed 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1917 






D, of D. 
FEB 3 1917 






^ APPROPRIATIONS TO PAY FOR THE DANISH WEST INDIES. 



To the Senate and House of Representatives : 

I transmit herewith a report by the Secretary of State, with ac- 
companying papers, concerning the treaty signed August 4, 191G, 
betAveen the United States and Denmark for the cession to the Ignited 
States of the Danish West Indian Ishmds and the obligations of the 
United States under the convention. 

The attention of the Congress is especially invited to the neces- 
sity for action being taken by the Congress during its present ses- 
sion that will enable the Government of the United States to 
discharge its conventional obligation to pay to the Government of 
Denmark the sum of $25,000,000. which, by Article V of the con- 
vention, the Ignited States agrees to pay in ' full consideration of 
the cession within 90 days from the date of the exchange of the 
ratifications of the convention. This exchange of ratifications Avas 
effected on January 17, 1917. so that the good faith of the United 
States requires the payment of the $25,000,000 not later than April 
17, 1917. and to do this, provision by the Congress during its present 
session for the payment is imperative. 

WOODROW WiLSOX. 

The White House, 

January 22, 1917. 

The President : The undersigned, the Secretary of State, has 
the honor to transmit herewith a copy of the English text of a con- 
vention between the United States and Denmark, signed at the city 
of New York, August 4, 1916, together with copies of the notes ex- 
changed between the high contracting parties in pursuance of the 
Senate resolution of September 9, 191(), giving the advice and con- 
sent of that body to the ratification of the convention. The exchange 
of the ratifications of the convention took place on January 17, 1917, 
and the convention is, therefore, now in force as a mutually binding 
obligation between the two countries concerned. By article 1 of 
this convention Denmark cedes to the United States, in return for a 
money payment, all territory, dominion, and sovereignty of Den- 
mark in the West Indies, including the islands of St. Thomas, St. 
John, and St. Croix, together with the adjacent islands and rocks. 
The succeeding articles specify in detail certain terms and conditions 
regarding the cession. By article 5 the ITnited States, in full con- 
sideration of the cession, agrees to pay within 90 days from the date 
of exchange of the ratifications, in the city of Washington, to the 
diplomatic representative or other agent of Denmark duly author- 
ized to receive the money, the sum of $25,000,000 in gold coin of the 
United States. This amount is therefore due from the United States 
to Denmark within the period ending April 17 next. 

3 



4 APPROPRIATION TO PAY FOR THE DANISH WEST INDIES. 

This convention is responsive to the conviction of both Govern- 
ments, as well as of the people of the islands, that the Danish West 
Indies should belong to the United States. This conviction, as is 
well known, has been manifested in earlier treaties for the transfer 
of these islands to the United States. Without entering upon any- 
extended historical review of the negotiations of these earlier 
treaties, it may be pointed out that the first negotiations for the 
purchase of the islands were initiated by Secretary Sew^ard during 
the administration of President Lincoln, and before the close of the 
Civil War, culminating in the convention signed at Copenhagen 
October 24, 1867, during the administration of President Johnson, 
for the cession of the islands of St. Thomas and St. John. It is the 
opinion of students of the subject that this convention was brought 
about through the conviction of the United States gained by its 
naval operations during the Ci^^l War, of the need of a naval coal- 
ing, supply, and repair station in the Caribbean Sea, in order that 
the United States might be placed on a footing with other great 
powers owning islands in those waters. This conviction, no doubt, 
was strengthened by the fact that the United States emerged from 
that war as a maritime power, to whom a good harbor and depot in 
the West Indies had become a matter of so great importance, if not 
of necessity, that the United States could not wish to see the Danish 
West Indies fall into the hands of another power. 

Although the plebiscite in St. Thomas and St. John held under 
the treaty of 1867 was overwhelmingly in favor of the cession, and 
the treaty was promptly approved by the Danish Eigsdag and 
ratified and signed by the King, and although the period for ratifi- 
cation was extended from time to time to April 14, 1870, the Senate 
Committee on Foreign Eelations took no action until March 24, 
1870, when Senator Sumner reported it adversely and the Senate 
acquiesced in that opinion. 

Prior to the Spanish War overtures were again made for the 
cession of the islands — this time initiated by the Danish Govern- 
ment. During the Spanish War the question of the purchase of the 
islands was further agitated. Concurrently with the discussion of 
the Isthmian Canal and the protection of the islands obtained from 
Spain, a second treaty for the purchase of the Danish West Indies 
was signed at Washington, January 24, 1902. In reporting this 
treaty favorably to the Senate, Senator Cullom, of the Committee 
on Foreign Eelations, stated: 

These islands, together with Porto Rico, are of great importance in a 
strategic way, whetlier the strategy he military or commercial. St. Thomas is 
the natural point of call for all European trade bound to the West Indies, 
Central America, or northern South America. These islands, together with 
Porto Rico, form the northeastern corner of the Caribbean Sea, and are of 
great importance in connection with the American isthmus, where a canal will 
be constructed between the Atlantic and Pacific. They are of first importance 
in connection with our relations to the region of the Orinoco and the Amazon 
and with our control of the Windward Passage. 

The treaty was approved by the United States Senate February 17, 
1902, but failed of ratification by a tie vote in the upper house of the 
Danish Eigsdag. 

All of the reasons upon which the two prior treaties were based, 
whether strategic, economic, or political, are of more force to-day 
than in previous years. There can be no question as to the value of 



APPROPRIATION TO PAY FOR THE DANISH WEST INDIES, 5 

St. Thomas Harbor as a naval port, with its circular configuration, 
ample roadsteads, protection from preA^ailing winds and seas, and 
facilities for fortifications. Moreover, the advantages of the posses- 
sion of a naval base off the entrance of the Panama Canal and near 
the island of Porto Eico are self-evident. 

The commercial value of the islands can not be doubted. Lying 
in close proximity to many of the passages into the Caribbean Sea, the 
use of St. Thomas Harbor as a supply station for merchant ships 
plying between the United States and South America, and for vessels 
in other trades, is of great importance. The existing modern harbor 
works, floating docks, marine slip and wharves provided with elec- 
tric cranes, oil reservoirs, coal depots, fresh-water tanks, machine 
shops, and warehouses contribute to the commercial advantages of 
St. Thomas Harbor as a port of call and transshipment for ships in 
the Central and South American trades. 

The political importance of extending American jurisdiction over 
the islands is not to be oA^erlooked. The Caribbean is within the pe- 
culiar sphere of influence of the United States, especially since the 
completion of the Panama Canal, and the possibility of a change of 
sovereignty of any of the islands now^ under foreign jurisdiction is of 
grave concern to the United States. Moreover, the Monroe doctrine, 
a settled national policy of the United States, would have caused this 
country to look with disfavor upon the transfer of sovereignt}^ of 
the Danish West Indies to any other European nation. 

In view of these considerations, the treat}" of cession of these is- 
lands to the United States is a matter of no small moment to this 
country. I do not hesitate, therefore, to recommend that the Con- 
gress be urged to take action during the present session to enable this 
Government to discharge its conventional obligation to Denmark 
by the paj^ment to the Government of Denmark of the sum of $25,- 
000,000 by April 17 next. 

IJespectfully submitted. 

Egbert Lansing. 

Department of State, 

Washingtoji, January 22, 1917. 



Jan u ART 3, 1917. 
Sir: I ha^■e the honor to inform you that the Senate of the United 
States, by its resolution of ratification, has advised and consented 
to the ratification of the convention between the United States and 
Denmark ceding to the United States the Danish West Indian Is- 
lands, with the following provisos : 

Provided, Jioirever, That it is declared by the Senate that in advising and 
consenting to the ratification of tlie said convention, such advice and consent 
are given witli the understanding, to be expressed as a part of tlie instrument 
of ratification, that such Convention shall not be taken and construed by the 
High Contracting Parties as imposing any trust upon the United States with 
respect to any funds belonging to the Danisli National Church in the Danish 
West Indian Islands, or in which the said church may have an interest nor as 
imposing upon the ITnited States any duty or responsibility with respect to 
the management of any property belonging to said church, beyond protecting 
said church in the possession and use of church property as stated in said 
Convention, in the same manner and to the same extent only as other churches 
shall be protected in the possession and use of their several properties : And 



6 APPROPRIATIOX TO PAY FOE THE DANISH WEST INDIES. 

provided further. Tliat llie Senate :ulvis(>s and cons-eiits to tlie ratilication of 
the said Convention on condition that the attitu<le of the United Stales in tliis 
partiftdar, as set fortli in tlie alxive iiroviso. be made tlie subject of an ex- 
clian.iie of notes between tiie (Jovernnients of tlie two Hi.uli Contractin.u' Parties, 
so as to make it plain that this condition is understood and accepted by the 
two Governments, the purpose hereof beiiiR to brin,u; the said Convention clearly 
within the Constitutional powers of the United States with respect to church 
establishment and -freedom of reiiftion. 

In view of this resolution of the Senate 1 Itsive the honor to state 
that it is nnderstood and accepted by the Government of the United 
States and the (Tovernment of Denmark that the provisions of this 
convention referrinii- to the property and funds bek)noin<2: to the 
Danish national church in the Danish West Indian islands shall not 
be taken and construed by the high contracting parties as imposing 
any trust u.pon the Ignited States with respect to any funds l)el()ng- 
ing to the Danish national church in the Danish AA'est Indian 
islands, or in which the said church may have an interest, nor as 
imposing upon the United States any duty or responsibility with re- 
spect to the management of any property belonging to said church, 
beyond protecting said church in the possession and use of church 
]:;roperty as stated in said convention, in the same manner and to the 
same extent (mly as other churches shall l)e protected in the posses- 
sion and use of their several i^roperties. 

I trust that your Government will, in a formal reply to tbis com- 
mimication, accept this understanding as to the meaning and con- 
struction of the provisions of said convention in accordance with the 
foregoing resolution of the Senate. 

Accept, sir, the reneAved assurances of my highest consideration. 

T-vOHEirr Laxstxc;. 

Mr. CoxsTANTix Brux, 

Minister of I)enm((rl\ 



The Daxish Legatiox, 
Washington, D. (\, January 3, 1917. 
Sir: In reply to your communication of this day concerning the 
relation of the T"'nited States to the rights of the Established Church 
in the Danish West Indies and to the provisions referring to this 
point in the convention between the United States and Denmark 
ceding to the States the Danish West Indian Islands. I have the 
honor to state that it is understood and accepted by the (jo\ernment 
of Denmark and the Government of the United States that the pro- 
visions of this convention referring to the property and funds be- 
longing to the Danish National Church in the Danish West Indian 
Islands shall not be taken and construed by the high contracting 
parties as imposing any trust upon the United States with respect 
to any funds belonging to the Danish National Church in the Danish 
West Indian Islands or in which the said church may have an inter- 
est, nor as imposing upon the United States any duty or responsi- 
bility with respect to the management of any property belonging to 
said church beyond protecting said church in the possession and use 
of church property, as stated in said convention, in the same manner 
and to the same extent only as other churches shall be protected in 
the possession and use of theii- several i^roperties. 



APPEOPKIATION TO PAY FOE THE DANISH WEST INDIES. 7 

It will be evident from the above that the Danish Government 
accept the understanding as to the meaning and construction of the 
]>rovisions of the said convention in accordance with the resolution 
of the United States Senate concerning the question of the rights of 
the church in the islands. 

I have the honor to be, sir, Avith the highest consideration, 
Your most obedient and humble servant, 

C. Brun. 
The honorable Robert Lansing, 

Secretary of State of the United States. 



CONFIDENTIAL. 

HE SENATE— IN E: 
1st Session. j TIVE SESSION. \ Document D. 



64th Congress, 1 IN THE SENATE— IN EXECU- [ Executive 



CESSION OF THE DANISH WEST INDIES. 



MESSAGE 

FROM THE 



PRESIDENT OF THE UNITED STATES, 



TRANSMITTING 



A CONVENTION BETWEEN THE UNITED STATES AND DENMARK 
RESPECTING THE CESSION OF THE DANISH WEST INDIAN 
ISLANDS TO THE UNITED STATES, SIGNED AT NEW YORK, 
AUGUST 4, 1916. 



August 8, 1916. — Message read; convention read the first time and referred to the 
Committee on Foreign Relations, and, together with the message, ordered to be 
printed in confidence for the use of the Senate. 

.January 23, 1917.— Injunction of secrecy removed. 



To the Senate: 

With a view to receiving the advice and consent of the Senate to 
its ratification, I transmit herewith a convention between the United 
States and Denmark respectmg the cession of the Danish West 
Indian Islands to the United States, signed at New York on August 
4, 1916. 

I also transmit, for the information of the Senate, a declaration 
made hy the Secretary of State at the time of the signmg of the con- 
vention ''that the Government of the United States will not object 
to the Danish Government extending their political and economic 
interests to the whole of Greenland." 

The attention of the Senate is mvited to the recommendation made 
in the accompanying report of the Acting Secretary of State that the 
Senate will provide for the retaining of the injunction of secrecy on 
the convention until such time as the two Governments shall agree 
to make it public. 

WooDEOW Wilson. 

The White House, 

Washington, August 8, 1916. 



10 cession of the danish west indies. 

Depabtmext of State, 
WasJiin^on. Avgv.st 7 . 1916. 
The Peesedext: 

Tlie undersigned, the Acting Secretary of State, has the honor to lay 
before the President, with a view to its transmission to the Senate, 
if his judgment approve thereof, to receive the advice and consent of 
that body to its ratification, a convention between the United States 
and Denmark respecting the cession of the Danish West Indian 
Islands to the United States, signed at New York on August 4. 1916. 

The undersigned has also the honor to submit, for the information 
of the Senate, a declaration made by the Secretary of State at the 
time of the signing of the convention '"that the Government of the 
United States of America will not object to the Danish Government 
extending their pohtical and economic interests to the whole of 
Greenland.'" 

As the Danish Government has requested that publicity of the 
terms of the convention be withheld until such time as the two 
Governments shall agree to promulgate them, the undersigned begs 
to suggest that it be recommended to the Senate that in giving its 
advice and consent to the ratification of the convention, its resolu- 
tion include a provision that the injunction of secrecy shall remain 
on the convention until the i^wr. G*^ vfrmiients shall agree to make it 
pubhc. 

Respectfully submitted. 

Fkaxk L. Polk. 

Accompaniments : 

Treaty with Demnark. 

Declaration bv the Secretarv of State. 



DECLARATION BY THE SECRETARY OF STATE. 

In proceeding this dav to the signature of the convention respecting 
the cession of the Danish West Indian Islands to the United States of 
America, the undersigned Secretarv of State of the United States of 
America, duly authorized by his Government, has the honor to de- 
clare that the Government of the United States of America will not 
object to the Danish Government extending their pohtical and 
economic interests to the whole of Greenland. 

('Signed; Robert Lansing. 

New York, August 4, 1916. 



convention between his ]VL4.JESTY the king of DENMARK AND 
THE CNITED STATES OF AMERICA RESPECTING THE CESSION OF THE 
DANISH WEST-INDIAN ISLANDS. 

The United States of America and His Majesty the King of Den- 
mark being desirous of confirming the good understanding which 
exists between them, have to that end appointed as Plenipotentiaries: 

The President of the United States: Mr. Robert Lansing, Secretary 
of State of the L'nited States, 



CESSION OF THE DAXISH WEST INDIES. 11 

and His Majesty the King of Denmark: Mr. Constantiii Brun, His 
Majesty's Envoy extraordinary and J^Iinister plenipotentiary at 
Washington. 

v.'ho, havmg mutuaUv exhibited their full powers which were found 
to be in due form/have agreed upon the following articles: 

Article 1. 

^ His Majesty the Kmg of Denmark by this convention cedes to the 
United States all territory, dominion and sovereignty, possessed, 
asserted or claimed by Denmark m the West Indies mcludmg the 
Islands of Saint Thomas, Samt John and Saint Croix together with 
the adjacent islands and rocks. 

This cession uicludes the right of property in aU pubhc. govern- 
ment, or crown lands, public buildings, wharves, ports, harbors, forti- 
fications, barracks, pubhc funds, rights, franchises, and privileges, 
and aU other public property of every kind or description now belong- 
ing to Denmark together with all appurtenances thereto. 

In tliis cession shaU also be included any government archives, 
records, papers or documents wliich relate to the cession or the rights 
and property of the inhabitants of the Islands ceded, and wiiich may 
now be existmg either in the Islands ceded or in Denmark. Such 
archives and records shall be carefully preserved, and authenticated 
copies thereof, as may be required shall be at aU times given to the 
United States Government or the Danish Government, as the case 
may be, or to such properly authorized persons as may apply for 
them. 

Article 2. 

Denmark guarantees that the cession made by the preceding 
article is free and unencumbered by any reservations, privileges, 
francliises, grants, or possessions, held by any governments, corpo- 
rations, s}Tidicates, or individuals, except as herein mentioned. But 
it is understood that this cession does not in any respect impair 
private rights wliich by law belong to the peaceful possession of 
property of all kinds by private incUviduals of whatsoever nation- 
ality, by municipaUties, pubhc or private estabhsliments, ecclesias- 
tical or civic bodies, or any other associations having legal capacity 
to acc^uire and possess property in the Islands ceded. 

Tlie congregations belonging to the Danish National Church shall 
retain the unthsturbed use of the chmx-hes which are now used by 
them, together with the pai-sonages appertaining thereunto and other 
appurtenances, including the funds allotted to the churches. 

Article 3. 

It is especialh' agreed, however, that: 

1) The arms and mihtary stores existing in the Islands at the time 
of the cession and belonging to the Danish Government shall remain 
the property of that Government and shall, as soon as circumstances 
will permit, be removed by it, unless they, or parts thereof, may have 
been bought by the Government of the United States: it being how- 
ever imderstood that flags and colors, uniforms and such arms or 



12 CESSION OF THE DANISH WEST INDIES. 

military articles as are marked as being the property" of the Danish 
Government shall not be included in such purchase. 

2) The movables, especially . silver plate and pictures which may 
be found in the government buildings in the islands ceded and belong- 
ing to the Danish Government shall remain the property of that 
Government and shall, as soon as circumstances wiU permit, be 
removed by it. 

3) The pecuniary claims now held by Denmark against the colonial 
treasuries of the islands ceded are altogether extinguished in conse- 
quence of this cession and the United States assumes no responsi- 
bility whatsoever for or in connection with these claims. Excepted 
is however the amount due to the Danish Treasury in account current 
with the Yfest-Indian colonial treasuries pursuant to the making up 
of accounts in consequence of the cession of the islands; should on 
the other hand tliis final accounting shovv^ a balance in favour of the 
West-Indian colonial treasuries, the Danish Treasury shall pay that 
amount to the colonial treasuries. 

4) The United States will maintain the following grants, conces- 
sions and licenses, given by the Danish Government, in accordance 
with the terms on which they are given: 

a. The concession granted to "Det vestindiske Kompagni" (the 
West-Indian Company) Ltd. bv the communications from the 
Ministry of Finance of January 18th, 1913, and of April 16th, 1913, 
relative to a license to embank, drain, deepen and utilize certain 
areas in St. Thomas Harbor and preferential rights as to connnercial, 
industrial or shipping establishments in the said Harbor, 

b. Agreement of August 10th and 14th, 1914, between the munici- 

Eality of St. Thomas and St. John and "Det vestmdiske Kompagni" 
td. relative to the supply of the city of Charlotte Anialie with electric 
lighting. 

c. Concession of March 12th, 1897, to "The Floating Dock Com- 
pany of St. Thomas Ltd.", subsequently transferred to ''The St. 
Thomas Engineering and Coaling Company Ltd." relative to a 
floating dock in St. Thomas Harbor, in which concession the mainte- 
nance, extension, and alteration of the then existing repairing slip 
are reserved. 

d. Royal Decree Nr. 79 of November 30th, 1914, relative to the 
subsidies from the colonial treasuries of St. Thomas and Sainte Croix 
to "The West India and Panama Telegraph Company Ltd." 

e. Concession of November 3rd, 1906, to K. B. Hey to establish and 
operate a telephone system on St. Thomas island, which concession 
has subsequently been transferred to the "St. Thomas Telefon- 
selskab"Ltd. 

f. Concession of February 28tli, 1913, to the municipality of Sainte 
Croix to establish and operate a telephone sj'stem in Sainte Croix. 

g. Concession of July 16th, 1915, to Ejnar Svendsen, an Engmeer, 
for the construction and operation of an electric light plant in the 
city of Christiansted, Sainte Croix. 

h. Concession of June 20th, 1904, for the estabhshment of a 
Danish West-Indian bank of issue. This bank has for a period of 30 
years acquired the monopoly to issue bank-notes m the Danish 
West-India islands against the payment to the Danish Treasury of a 
tax amounting to ten percent of its annual profits. 



CESSION OF THE DANISH WEST INDIES. 13 

i. Guarantee according to the Danish supplementary Budget Law 
for the financial year 1908-1909 relative to the St. Thomas Harbor's 
four percent loan of 1910. 

5) Whatever sum shall be due to the Danish Treasury by private 
individuals on the date of the exchange of ratifications are reserved 
and do not pass by this cession; and where the Danish Government 
at that date holds property taken over by the Danish Treasury for 
sums due by private mdividuals, such property shall not pass by this 
cession, but the Danish Government shall sell or dispose of such 
property and remove its proceeds within two years from the date of 
the exchange of ratifications of this convention; the United States 
Government being entitled to sell by public auction, to the credit of 
the Danish Government, any portion of such property remaining 
unsold at the expiration of the said term of two years. 

6) The Colonial Treasuries shall continue to pay the yearly allow- 
ances now^ given to heretofore retired functionaries appointed in the 
islands but holding no Royal Commissions, unless such allowances 
may have until now been paid in Denmark. 

Article 4. 

The Danish Government shall appomt with convenient despatch 
an agent or agents for the purpose of formally delivering to a similar 
agent or agents appomted on behalf of the United States, the terri- 
tory, dominion, property, and appurtenances which are ceded hereby, 
and for doing any other act which may be necessary in regard thereto. 
Formal delivery of the territory and property ceded shall be made 
immediately after the payment by the United States of the sum of 
money stipulated in this convention; but the cession with the right 
of immediate possession is nevertheless to be deemed complete on 
the exchange of ratifications of this convention without such formal 
dehvery. Any Danish mihtary or naval forces which may be in the 
islands ceded shall be withdrawn as soon as may be practicable after 
the formal delivery, it being however understood that if the persons 
constituting these forces, after having terminated their Danish serv- 
ice, do not wish to leave the Islands, they shall be allowed to remain 
there as civilians. 

Article 5. 

In full consideration of the cession made by this convention, the 
United States agrees to pay, within ninety days from the date of the 
exchange of the ratifications of this convention, m the City of Wash- 
ington to the diplomatic representative or other agent of His Majesty 
the King of Denmark duly authorized to receive the money, the sun? 
of twenty-five million dollars in gold coin of the United States. 

Article 6. 

Danish citizens residing in said islands may remain therein or may 
remove therefrom at will, retaining in either event all their rights of 
property, includmg the right to sell or dispose of such property or its 
proceeds; in case they remain in the Islands, they shall continue until 
othenvise provided, to enjoy all the private, municipal and religious 
fights and liberties secured to them by the laws now in force. If 



14 CESSIOX OF THE DANISH WEST INDIES. 

the present laws are altered the said inhabitants shall not thereby be 
placed in a less favorable position in respect to the above-mentioned 
rights and liberties than they now enjoy. Those who remain in the 
islands may preserve their citizenship in Denmark by making before 
a court of record, within one year from the date of the exchange of 
ratifications of this convention, a declaration of theu' decision to 
preserve such citizenship; in default of which declaration they shall 
be held to have renounced it, and to have accepted citizensliip in the 
United States : for children under eighteen years the said declaration 
may be made by their parents or guardians. Such election of Danish 
citizenship shall however not, after the lapse of the said term of one year, 
be a bar to their renunciation of their preserved Danish citizenship and 
their election of citizenship in the United States and admission to the 
nationahty thereof on the same terms as may be provided according 
to the laws of the United States, for other inhabitants of the islands. 

The civil rights and the pohtical status of the inhabitants of the 
islands shall be determined by the Congress, subject to the stipula- 
tions contained in the present convention. 

Danish citizens not residing m the islands but owning property 
therein at the time of the cession shall retain their rights of property, 
iiicludmg the right to sell or dispose of such property, being placed 
in this regard on the same basis as the Danish citizens residing in the 
islands and remaining therein or removing therefrom, to whom the 
first paragraph of this article relates. 

Article 7. 

Danish subjects residing in the Islands shall be subject in matters 
civil as well as criminal to the jurisdiction of the courts of the Islands, 

Eursuant to the ordinarv laws governing the same, and they shall 
ave the right to appear before such courts, and to pursue the same 
course therein as citizens of the country to which the courts belong. 

Article 8. 

Judicial proceedings pending at the time of the formal dehvery in 
the islands ceded shall be determined according to the following niles : 

(1) Judgments rendered either in civil suits between private indi- 
viduals, or in criminal matters, before the date mentioned, and with 
respect to which there is no recourse or right to review under Danish 
law, shah be deemed to be final, and shall be executed in due form and 
without any renewed trial whatsoever, by the competent authority 
in the territories within which such judgments are to be carried out. 

If in a criminal case a mode of punishment has been apphed which, 
according to new rules, is no longer apphcable on the islands ceded 
after dehvery, the nearest corresponding punishment in the new rules 
shall be applied. 

(2) Civil suits or criminal actions pending before the first courts, 
in which the pleadings have not been closed at the same time, shall 
be confirmed before the tribunals estabhshed in the ceded islands 
after the dehvery, in accordance with the law which shall thereafter 
be in force. 

(3) Civil suits and criminal actions pending at the said time before 
the Superior Court or the Supreme Court in Denmark shall continue 



CESSION OF THE DANISH WEST INDIES. 15 

to be prosecuted before the Danish courts until final judgment accord- 
ing to the law liitherto in force. The judgment shall be executed in 
due form by the competent authority in the territories within which 
such judgment should be carried out. 

Article 9. 

The rights of property secured by copyrights and patents acquhed 
by Danish subjects m the islands ceded at the time of exchange of 
the ratifications of this treaty shall continue to be respected. 

Article 10. 

Treaties, conventions, and all other international agreements of 
any nature existing between Denmark and the United States shall 
eo ipso extend, in default of a provision to the contrary, also to the 
ceded islands. 

Article 11. 

In case of differences of opinion arismg between the High Contract- 
ing Parties m regard to the interpretation or application of this con- 
vention, such differences, if they can not be regulated through diplo- 
matic negotiations, shall be submitted for arbitration to the perma- 
nent Court of Arbitration at The Hague. 

Article 12. 

The ratifications of this convention shall be exchanged at Wash- 
ington as soon as possible after ratification by both of the High 
Contracting Parties accordmg to their respective procedure. 

In faith whereof the respective plenipotentiaries have signed and 
sealed this convention in the English and Danish languages. 

Done at New York this fourth day of August, one thousand nine 
hundred and sixteen. 

(seal) Robert Lansing. 

(seal) C. Brun. 

o 



